Tennessee Water Rights and Regulation
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Streamable MP4/PDF
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Agenda
Webinar instructions will be emailed before the date of the webinar.
Please log into the webinar 15 – 30 minutes before the start time.
Tuesday, February 25, 2025
8:30 am – 4:00 pm CST
Legal Overview: Have We Arrived at a
State of Equilibrium in Water Quality Cases?
Presented by: William L. (Bill) Penny & Elaina S. Al-Nimri
- Overview of Clean Water Act – NPDES, standards, effluent limits and citizen suits
- How the Tennessee Water Quality Act affects the lifeblood of the community: an overview
- Recent Supreme Court matters: is the Supreme Court becoming a legislative function
for the Clean Water Act?
Current State of Wetland Regulation:
Does Sackett Actually Create More Issues Than it Resolves?
Presented by: William L. (Bill) Penny
- Overview of Sackett v. EPA
- Isolated wetlands and Tennessee’s approach: Commissioner study
- Commissioner Salyers’ Summer Study Report: the good, the bad, and the ugly
- How have new WOTUS rules impacted the Corps and some 404 Permits?
- 401 Certification/ARAP: Are the rules going to change again?
- Mitigation requirements: a costly nightmare
Identification and Valuation of Wetlands
Presented by: Jonathan Hopkins, TNQHP, PWS
- Federal
- State
- Problematic wetland situations
- Permitting toolbox
Agricultural Water Use
Presented by: Matthew McClanahan
- Wells for agricultural use
- Irrigation law
- Water quality and agricultural runoff
- Groundwater impacts
Water Rights and Withdrawals
Presented by: John W. Dawson IV & Elaina S. Al-Nimri
- Water rights
- Water supply matters
- Water withdrawals and permitting
Webinar Instructions
All attendees must log-on through their own email – attendees may not watch together if they wish to earn continuing education credit. HalfMoon Education Inc. must be able to prove attendance if either the attendee or HalfMoon Education Inc. is audited.
Certificates of completion can be downloaded in PDF form upon passing a short quiz. A link to the quiz will be sent to each qualifying attendee immediately after the webinar. The certificate can be downloaded from the Results page of the quiz upon scoring 80% or higher.
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Credits
Engineers
6.5 PDHs
Attorneys
Pending
APA/AICP - American Planning Association/American Institute of Certified Planners
CM|6.5
Geologists
6.5 Hour Learning Opportunity
Continuing Education Credit Information
This webinar is open to the public and is designed to qualify for 6.5 PDHs for professional engineers and provide a 6.5-hour learning opportunity to geologists in Tennessee. The Tennessee Board of Architectural and Engineering Examiners does not pre-approve continuing education courses or providers.
This webinar has been submitted to the Tennessee Commission on Continuing Legal Education for pre-approval, which is currently pending. Please visit this course listing at www.halfmoonseminars.org for updates on pending credits.
HalfMoon Education is an approved CM Provider with the American Planning Association. This course is registered for CM | 6.5 for Certified Planners.
Attendance will be monitored, and attendance certificates will be available after the webinar for those who attend the entire course and score a minimum 80% on the quiz that follows the course (multiple attempts allowed).
*On-Demand Credits*
The preceding credit information only applies to the live presentation. This course in an on-demand format is not pre-approved by any licensing boards and may not qualify for the same credits; please consult your licensing board(s) to ensure that a structured, asynchronous learning format is appropriate.
Speakers
Elaina S. Al-Nimri
Attorney, Bass Berry & Sims PLCMs. Al-Nimri counsels clients on complex business litigation across a diverse range of areas including environmental, construction, real estate, securities and shareholder disputes, and commercial disputes. She has successfully litigated and resolved matters in a variety of industries including construction, energy, healthcare, manufacturing, education, hospitality, and financial services. Ms. Al-Nimri’s practice includes business disputes, environmental, construction and real estate and securities and shareholder litigation. In her environmental practice, she represents clients in environmental disputes, including enforcement actions, investigations, permit appeals and other administrative actions involving state and national agencies, and litigation of water rights matters, indemnification obligations, and toxic tort claims. She is actively involved in the firm’s pro bono initiatives, devoting her time to assisting with civil rights matters and adoptions. Ms. Al-Nimri earned her law degree from Emory University School of Law and received a B.A. degree in Economics and Global Studies from Providence College.
John W. Dawson, IV
Attorney and Member, Bass, Berry & Sims PLCMr. Dawson focuses his practice on environmental law. Prior to attending law school, he had a successful career as a civil and environmental engineer. He incorporates this knowledge base and past experience into his practice, providing him a unique insight into his clients’ interests and goals. Mr. Dawson’s practice includes Environmental and Construction & Real Estate. In his environmental practice, He represents industries, utilities, and municipalities in environmental disputes and regulatory enforcement actions, as well as environmental permitting and compliance, related to water and wastewater treatment, storm water management, air emissions, site remediation, hazardous waste and materials management, and water use rights, as well as representing clients in corporate and real estate transactions. In his Construction & Real Estate practice he represents owners, developers, contractors, and designers in various construction and real estate transactions and disputes; preparing and negotiating construction agreements. Mr. Dawson is a contributing author of the Water Quality Control Handbook, and an article summarizing his thesis on reaeration in rivers and streams was published in the Journal of Environmental Engineering.
Jonathan P. Hopkins, TNQHP, PWS
Senior Environmental Scientist at TTL, Inc.Mr. Hopkins is a Senior Environmental Scientist based out of TTL’s office in Nashville, Tennessee. He earned a biology-focused bachelor’s degree in environmental studies from the University of Tennessee at Chattanooga and, later, a master’s degree in environmental studies at the College of Charleston. Mr. Hopkins’ career began with the Tennessee Department of Environment and Conservation in 2000 before transitioning to private environmental consulting and, eventually, joining TTL in 2007. Throughout his career, he has performed a variety of natural resource services including hundreds of wetland and stream delineations throughout east, west, and middle Tennessee, and he has assisted numerous clients with obtaining water quality permits from TDEC and the U.S. Army Corps of Engineers. Most recently, Mr. Hopkins has been applying his technical expertise to develop best practices for avoiding and minimizing impacts to water resources throughout the southern United States.
Matthew McClanahan
Attorney and Partner, McClanahan & Winston, P.C.Mr. McClanahan is a proud native born Tennessean and the third generation to live on his family’s farm. His roots trace back to his ancestor and the first governor of the state of Tennessee, John Sevier. While at the University of Tennessee College of Law, he concentrated his studies on advocacy and dispute resolution. Prior to law school, he worked as an agent with Farm Bureau Insurance of Tennessee. Mr. McClanahan understands the importance of communication, honesty, hard work, determination, and treating people the way you would want to be treated. He is honored to serve the legal needs of individuals and companies with interests in and throughout Tennessee. Mr. McClanahan is a member of the Order of Barristers, serves as a member of the Agricultural Foundation for Tennessee Tech University, is a former president of the Knoxville Chapter of the Federalist Society, is a member of the Knoxville Estate Planning Council, and is a member of the board of directors for Tennessee Parks & Greenways, serving as East Tennessee vice president.
William "Bill" L. Penny
Attorney, Thompson BurtonMr. Penny has a wide range of environmental legal experience at the federal, state and local levels. He focuses primarily on advice and litigation regarding natural resource law, wetlands, water quality, and mining. Mr. Penny also represents clients in CERCLA litigation, RCRA matters, and brownfield redevelopment. He has represented numerous utilities and individuals in federal and state citizen complaints. Mr. Penny regularly counsels clients on environmental compliance issues and represents businesses in permit appeals, enforcement, and advocacy before federal and state environmental boards and agencies, including the Tennessee Department of Environment and Conservation, the U.S. Environmental Protection Agency, and the U.S. Army Corps of Engineers. He was one of the founders and was the first chair of the Environmental Law Section of the Tennessee Bar Association, and in 2013 he was elected Chair of ABA’s Section on Environment, Energy & Resources (“SEER”). Mr. Penny was the first general counsel for the Tennessee Department of Environment and Conservation and served as general counsel for the former Department of Health and Environment for many years. He is rated “AV Preeminent© Peer Review Rating” in Martindale-Hubbell. Mr. Penny is recognized in Chambers USA, since 2010 as tier 1 for environmental law. He was listed in The Best Lawyers in America® since 2005 for Environmental Litigation and Environmental Law, and was named as “Lawyer of the Year” on four occasions, including 2025. Mr. Penny has been named by Mid-South Super Lawyers since 2006 and was listed in the publication in either the top 50 or 100 lawyers in Tennessee numerous times. The Nashville Business Journal, named him “Best of the Bar” at least 10 times since 2006. The Nashville Post listed him as “In Charge: Legal” at least 8 times.
6.5 Knowledge Points
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